Federal Register, Volume 66 Issue 206 (Wednesday, October 24, 2001)

[Federal Register Volume 66, Number 206 (Wednesday, October 24, 2001)]
[Notices]
[Pages 53826-53830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26810]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2001-10578]

Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemption from the vision standard;
request for comments.

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SUMMARY: This notice announces the FMCSA's receipt of applications from
37 individuals for an exemption from the vision requirement in the
Federal Motor Carrier Safety Regulations (FMCSRs). If granted, the
exemptions will enable these individuals to qualify as drivers of
commercial motor vehicles (CMVs) in interstate commerce without meeting
the vision standard prescribed in 49 CFR 391.41(b)(10).

DATES: Comments must be received on or before November 23, 2001.

ADDRESSES: Mail or hand deliver comments to the U.S. Department of
Transportation, Dockets Management Facility, Room PL-401, 400 Seventh
Street, SW, Washington, DC 20590, or submit electronically at http://dmses.dot.gov/submit. All comments received will be available for
examination and copying at the above address from 9 a.m. to 5 p.m.,
e.t., Monday through Friday, except Federal holidays. Those desiring
notification of receipt of comments must include a self-addressed,
stamped postcard, or you may print the acknowledgment page that appears
after submitting comments electronically.

[[Page 53827]]

FOR FURTHER INFORMATION CONTACT: For information about the vision
exemptions in this notice, Ms. Sandra Zywokarte, Office of Bus and
Truck Standards and Operations, (202) 366-2987; for information about
legal issues related to this notice, Mr. Joseph Solomey, Office of the
Chief Counsel, (202) 366-1374, FMCSA, Department of Transportation, 400
Seventh Street, SW, Washington, DC 20590. Office hours are from 7:45
a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal
holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access and Filing

You may see all the comments online through the Document Management
System (DMS) at: http://dmses.dot.gov/submit.

Background

Thirty-seven individuals have requested an exemption from the
vision requirement in 49 CFR 391.41(b)(10), which applies to drivers of
CMVs in interstate commerce. Under 49 U.S.C. 31315 and 31136(e), the
FMCSA may grant an exemption for a renewable 2-year period if it finds
``such exemption would likely achieve a level of safety that is
equivalent to, or greater than, the level that would be achieved absent
such exemption.'' Accordingly, the agency will evaluate the
qualifications of each applicant to determine whether granting the
exemptions will achieve the required level of safety.

Qualifications of Applicants

1. Loa M. Boggs

Mr. Boggs, age 50, has amblyopia of the left eye. His aided acuity
is 20/20 with the right eye and 20/200 with the left. An optometrist
who examined him in 2000 stated, ``In my opinion, he has sufficient
vision to continue operating a commercial vehicle.'' Mr. Boggs
submitted that he has driven straight trucks for 21 years, accumulating
577,000 miles. He holds a Class D driver's license from West Virginia.
His driving record shows he has had no accidents or convictions for
traffic violations in a CMV for the last 3 years.

2. Anthony Brandano

Mr. Brandano, 35, has amblyopia in his right eye. His corrected
vision is 20/40-in the right eye and 20/20 in the left eye. Following
an examination in 2001, his ophthalmologist concluded, ``It is my
opinion patient has sufficient vision to drive a commercial vehicle.''
Mr. Brandano reported that he has operated straight trucks for 2 years,
traveling 100,000 miles, and tractor-trailer combinations for 6 years,
traveling 750,000 miles. He holds a Class A CDL from New York, and his
driving record for the last 3 years shows no accidents or convictions
for moving violations in a CMV.

3. Jerald D. Davis

Mr. Davis, 58, is blind in the left eye due to trauma in 1959. His
best-corrected visual acuity is 20/20 in the right eye. An
ophthalmologist examined him in 2001 and affirmed, ``In my medical
opinion he has sufficient vision to perform the driving tasks required
to operate a commercial vehicle.'' Mr. Davis submitted that he has
driven tractor-trailer combinations for 27 years, accumulating 4.0
million miles. He holds a Class A CDL from Texas. His driving record
shows he has had no accidents and one conviction for a moving
violation--Speeding--in a CMV during the last 3 years. He exceeded the
speed limit by 13 mph.

4. Vernon J. Dohrn

Mr. Dohrn, 65, has amblyopia in his right eye. The corrected vision
in his right eye is 20/80- and in the left eye, 20/20. His optometrist
examined him in 2001 and certified, ``In my opinion, this patient can
safely perform the visual tasks required to operate a commercial
vehicle even with the vision deficiency in his right eye.'' Mr. Dohrn
stated in his application that he has driven tractor-trailer
combination vehicles for 31 years, accumulating 2.7 million miles, and
straight trucks for 7 years, accumulating 280,000 miles. He holds a
Minnesota Class A CDL. His driving record shows he has had no accidents
and one conviction for a moving violation--Drive and/or Pass on
Shoulder--in a CMV during the past 3 years.

5. Stanley E. Elliott

Mr. Elliott, 47, has amblyopia in his left eye. His corrected
vision is 20/20 in the right eye and 20/70^-2 in the left
eye. Following an examination in 2001, his optometrist concluded, ``It
is my opinion that Mr. Elliott can perform all driving tasks related to
operating a commercial vehicle.'' According to Mr. Elliott's
application, he has 4 years of experience driving straight trucks,
totaling 150,000 miles, and 12\1/2\ years of experience driving
tractor-trailers, totaling 312,500 miles. He holds a Utah Class A CDL
and has had no accidents or moving violations in a CMV for the past 3
years, according to his driving record.

6. Elmer E. Gockley

Mr. Gockley, 56, has had a corneal scar in his right eye since age
6. His best-corrected visual acuity in the right eye is counting
fingers at 2 feet and in the left eye 20/20. An ophthalmologist
examined him in 2001 and certified, ``I verify that Mr. Gockley has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle at this time.'' Mr. Gockley submitted that he has
driven straight trucks for 11 years, traveling 220,000 miles, and
tractor-trailer combinations for 40 years, traveling 4.2 million miles.
He holds a Class A CDL from Pennsylvania, and his driving record for
the past 3 years shows no accidents or convictions for moving
violations in a CMV.

7. Paul C. Gruenberg

Mr. Gruenberg, 53, is blind in the left eye due to an injury at the
age of 12. The corrected visual acuity in his right eye is 20/15. An
ophthalmologist examined him in 2001 and stated, ``He should have no
problem operating commercial vehicle(s).'' Mr. Gruenberg reported he
has 3 years' and 240,000 miles' experience driving tractor-trailer
combinations. He holds a Class A CDL from Florida, and his driving
record for the last 3 years shows no accidents or convictions for
moving violations in a CMV.

8. Tommy D. Habben

Mr. Habben, 36, has amblyopia in his left eye. His corrected vision
in the right eye is 20/25^-2 and in the left, 20/100. An
optometrist examined him in 2001 and certified, ``It is my opinion that
Mr. Habben has sufficient vision to perform driving tasks required to
operate a commercial vehicle.'' Mr. Habben reported that he has driven
straight trucks for 15 years, accumulating 750,000 miles. He holds a
Class D driver's license from Tennessee and has no accidents or
convictions for moving violations in a CMV on his driving record during
the last 3 years.

9. Glenn T. Hehner

Mr. Hehner, 53, had a perforation of his right eye in 1963. He has
no light perception in the right eye and 20/20 vision, best-corrected,
in the left eye. An ophthalmologist examined him in 2000 and certified,
``In my opinion he has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Hehner reported that he
has 13 years' experience driving straight trucks and has accumulated
1.3 million miles. He holds a Class DMB CDL from Kentucky, and there
are no accidents or convictions for moving violations in a CMV on his
record for the last 3 years.

[[Page 53828]]

10. Carl R. Hunt

Mr. Hunt, 64, has a right eye that is aphakic with a retinal
detachment and scar formation. His corrected vision in the right eye is
hand motion and in the left, 20/20. Following an examination in 2001,
his ophthalmologist stated, ``I certify that it is my medical opinion
that Carl R. Hunt has sufficient vision to perform driving tasks
required to operate a commercial vehicle since his left eye is in
excellent visual shape.'' In his application, Mr. Hunt indicated he has
driven straight trucks for 47 years, accumulating 1.4 million miles. He
holds a Class E license from the State of Missouri, and his driving
record shows he has had no accidents or convictions for moving
violations in a CMV during the last 3 years.

11. Shane M. Hunter

Mr. Hunter, 29, has amblyopia in his right eye. His best-corrected
visual acuities are 20/60 in the right eye and 20/20 in the left.
Following an examination in 2001, his optometrist stated, ``In my
opinion, Shane has sufficient vision to operate a commercial vehicle as
long as he is wearing glasses or contact lenses to give him optimum
driving efficiency.'' In his application, Mr. Hunter indicated he has
driven straight trucks for 3 years, accumulating 78,000 miles. He holds
an Operator's license from the State of Washington, and his driving
record shows he has had no accidents or convictions for moving
violations in a CMV during the last 3 years.

12. Thomas M. Ingebretsen

Mr. Ingebretsen, 45, has retinal scars in his left eye due to
toxoplasmosis at age 3. His best-corrected visual acuity is 20/20 in
the right eye and 20/60 in the left. Following an examination in 2001,
his ophthalmologist stated, ``I reiterate my statement on my last
letter to you that Mr. Ingebretsen has sufficient vision to operate a
commercial vehicle according to the guidelines you have submitted to
me.'' Mr. Ingebretsen reported that he has 18 years' experience driving
straight trucks, accumulating 409,000 miles, and 12 years' experience
driving tractor-trailer combinations, accumulating 420,000 miles. He
holds a Class A CDL from California, and his driving record shows he
has had no accidents or convictions for moving violations in a CMV over
the last 3 years.

13. Lonnie M. Jones

Mr. Jones, 50, is blind in his right eye due to a childhood injury.
His best-corrected visual acuity is 20/20 in the left eye. An
ophthalmologist examined him in 2001 and affirmed, ``In my medical
opinion, this patient has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Jones submitted
that he has driven tractor-trailer combinations for 27 years and
straight trucks for 2 years, accumulating 3.2 million miles and 6,000
miles, respectively. He holds a Class A CDL from Georgia. His driving
record shows that he has had no accidents and one conviction for a
moving violation--Speeding--in a CMV during the last 3 years. He
exceeded the speed limit by 17 mph.

14. Martin D. Keough

Mr. Keough, 52, has 20/400 vision in his left eye from an injury
over 40 years ago. The visual acuity in his right eye is 20/
20⁺. An optometrist examined him in 2001 and stated, ``In my
professional opinion this patient can drive a motor vehicle and operate
a commercial vehicle safely.'' Mr. Keough submitted that he has driven
straight trucks and tractor-trailer combinations for 25 years,
accumulating 250,000 miles in the former and 125,000 miles in the
latter. He holds a Class AM CDL from New York, and his driving record
for the last 3 years shows no accidents or convictions for traffic
violations in a CMV.

15. Ricky J. Knutson

Mr. Knutson, 46, had his left eye enucleated in 1990 due to a
choroidal melanoma. The visual acuity in his right eye is 20/20 with
correction. His optometrist examined him in 2001 and certified, ``Rick
has sufficient vision to perform any driving tasks to safely operate a
commercial vehicle.'' In his application, Mr. Knutson indicated he has
driven straight trucks for 13 years, accumulating 195,000 miles, and
tractor-trailer combinations for 5 years, accumulating 225,000 miles.
He holds a Class A CDL from Minnesota, and his driving record for the
past 3 years shows he has had no accidents or convictions for traffic
violations in a CMV.

16. Randall B. Laminack

Mr. Laminack, 43, has amblyopia in his right eye. His best-
corrected visual acuities are 20/200 in the right eye and 20/20 in the
left eye. Following a 2001 examination, his optometrist stated, ``In my
medical opinion, Randy has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' According to his
application, Mr. Laminack has operated tractor-trailer combinations for
20 years and 2.0 million miles, and straight trucks for 5 years and
500,000 miles. He holds a Class A CDL from Texas, and he has had no
accidents or convictions for moving violations in a CMV during the last
3 years.

17. Norman R. Lamy

Mr. Lamy, 49, has amblyopia in his left eye. His best-corrected
visual acuity is 20/15 in the right eye and 20/70 in the left eye. An
optometrist examined him in 2001 and certified, ``Central and
peripheral field results are sufficient for driving tasks required to
operate a commercial vehicle.'' Mr. Lamy submitted that he has driven
straight trucks for 13 years, accumulating 377,000 miles. He holds a
Class B CDL from Massachusetts. His driving record for the last 3 years
shows no accidents or convictions for traffic violations in a CMV.

18. James A. Lenhart

Mr. Lenhart, 46, has amblyopia in his right eye. His best-corrected
visual acuities are 20/70 in his right eye and 20/20 in his left eye.
Following a 2001 examination, his ophthalmologist noted, ``It is my
medical opinion that Mr. James Lenhart has sufficient vision to perform
driving tasks required to operate a commercial vehicle.'' According to
Mr. Lenhart, he has operated straight trucks for 20 years, accumulating
2.0 million miles, and tractor-trailer combinations for 5 years,
accumulating 625,000 miles. He holds a West Virginia Class A CDL, and
he has no accidents or convictions for moving violations on his driving
record for the last 3 years.

19. Dennis L. Lockhart, Sr.

Mr. Lockhart, 55, has amblyopia in his left eye. His corrected
vision in the right eye is 20/20 and in the left, 20/400. An
optometrist examined him in 2001 and certified, ``His condition is
congenital and stable, and should not interfere with operating a
commercial vehicle.'' Mr. Lockhart submitted that he has driven
tractor-trailer combinations for 15 years traveling 750,000 miles and
straight trucks for 7 years traveling 490,000 miles. He holds a Class A
CDL from Virginia, and his driving record for the past 3 years shows no
accidents or convictions for moving violations in a CMV.

20. Jerry J. Lord

Mr. Lord, 49, has amblyopia in his right eye. His best-corrected
visual acuity is 20/25 in the left eye and counting fingers in the
right eye. Mr. Lord was examined in 2001 and his ophthalmologist
stated, ``I certify that in my medical opinion, Mr. Lord has sufficient
vision to perform the driving tasks required to operate a commercial

[[Page 53829]]

vehicle.'' Mr. Lord submitted that he has driven straight trucks for 33
years, accumulating 3.3 million miles. He holds a Maryland Class BM
CDL, and his driving record for the last 3 years contains no accidents
or convictions for moving violations in a CMV.

21. Raymond P. Madron

Mr. Madron, 50, has had scarring of his right eye since birth due
to toxoplasmosis. His vision in the right eye is 20/200^-\1\,
not correctable, and in the left eye, 20/20 without correction.
Following an examination in 2001, his optometrist affirmed, ``Raymond
Madron is able to see to operate a commercial vehicle without a vision
correction.'' Mr. Madron holds a Class AM CDL from Maryland and
reported that he has driven straight trucks for 7 years, accumulating
105,000 miles, and tractor-trailer combinations for 21 years,
accumulating 630,000 miles. His driving record shows no accidents or
convictions for moving violations in a CMV for the past 3 years.

22. Ronald S. Mallory

Mr. Mallory, 45, has amblyopia in his left eye. His visual acuity
is 20/20+ in the right eye without correction and 20/400 in the left
eye, not correctable. An optometrist examined him in 2001 and
certified, ``He has sufficient vision required to perform driving tasks
with a commercial vehicle.'' Mr. Mallory, who holds a Class A CDL from
Oklahoma, reported that he has been driving straight trucks and
tractor-trailer combinations for 25 years, accumulating 625,000 miles
in the former and 125,000 in the latter. His driving record shows he
has had no accidents or convictions for traffic violations in a CMV
during the last 3 years.

23. Keith G. McCully

Mr. McCully, 62, has amblyopia in his right eye. His best-corrected
visual acuity is 20/200 in the right eye and 20/20⁺ in the
left eye. Following an examination in 2000, his optometrist certified,
``He does have sufficient vision to perform the driving tasks required
to operate a commercial vehicle.'' Mr. McCully submitted that he has
driven tractor-trailer combinations for 40 years, accumulating 3.2
million miles. He holds a Class A CDL from Montana. His driving record
for the last 3 years shows no accidents or convictions for traffic
violations in a CMV.

24. Ernest L. McLendon

Mr. McLendon, 51, lost light perception in his right eye in 1985
due to glaucoma. The visual acuity in his left eye is 20/20, best-
corrected. An optometrist examined him in 2001 and certified, ``He has
sufficient vision to operate a commercial vehicle with no medical
condition that would compromise his visual field OS [left].'' Mr.
McLendon submitted that he has driven tractor-trailer combinations for
23 years, traveling 2.7 million miles, and straight trucks for 6 years,
traveling 480,000 miles. He holds a Class A CDL from Florida, and his
driving record for the past 3 years shows no accidents or convictions
for moving violations in a CMV.

25. Charles J. Morman

Mr. Morman, 48, has had a chorioretinal lesion of the right eye
since birth. His aided visual acuity is 20/400 with the right eye and
20/20 with the left. An optometrist who examined him in 2001 stated,
``In my opinion, Mr. Morman has sufficient vision to operate a
commercial motor vehicle.'' Mr. Morman reported that he has 5 years'
experience driving straight trucks, accumulating 250,000 miles, and 20
years' experience driving tractor-trailer combinations, accumulating
1.2 million miles. He holds a Class A CDL from Florida, and his driving
record shows he has had no accidents or convictions for moving
violations in a CMV over the last 3 years.

26. Eugene C. Murphy

Mr. Murphy, 47, has chorioretinal scarring and a retinal detachment
in the right eye due to an injury at age 13. His best-corrected visual
acuity in the right eye is hand motion at one foot and in the left 20/
20. Following an examination in 2001, his ophthalmologist commented,
``In my medical opinion, Mr. Murphy has significant binocular visual
acuity as well as horizontal visual field to meet the requirements to
operate a commercial vehicle.'' Mr. Murphy indicated he has driven
straight trucks for 20 years and 910,000 miles. He holds a Class B CDL
from Maine, and his driving record for the last 3 years shows no
accidents or convictions for moving violations in a CMV.

27. Jack E. Potts, Jr.

Mr. Potts, 28, has amblyopia of the left eye. His best-corrected
visual acuities are 20/20 in the right eye and 20/200 in the left eye.
In 2001 his optometrist examined him and affirmed, ``Upon completion of
Jack's most recent visual examination, I have determined that he has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Potts submitted that he has 6 years of
experience driving straight trucks for 165,000 miles. He holds a Class
C license from Pennsylvania, and his driving record for the last 3
years has no accidents or convictions for a moving violation in a CMV.

28. Bernard A. Ranly

Mr. Ranly, 50, has amblyopia of the left eye. The visual acuity of
his right eye is 20/20 uncorrected and of the left eye 20/50 corrected.
His optometrist examined him in 2001 and certified, ``It is my opinion,
since this is a long-term condition, that Mr. Ranly has adapted very
well and that Mr. Ranly has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Ranly reported
that he has driven tractor-trailer combinations for 29 years,
accumulating 3.1 million miles. He holds a Class AM CDL from Texas, and
his driving record for the last 3 years shows no accidents or
convictions for moving violations in a CMV.

29. John E. Rogstad

Mr. Rogstad, 50, has amblyopia of the left eye. His aided acuity is
20/20 with the right eye and 20/200 with the left eye. An optometrist
who examined him in 2001 stated, ``It is my opinion that Mr. Rogstad
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Rogstad reported that he has driven
straight trucks for 30 years, accumulating 360,000 miles. He holds a
Class ABCD CDL from Wisconsin, and his driving record for the last 3
years shows no accidents or convictions for moving violations in a CMV.

30. Jerry W. Russell

Mr. Russell, 55, has had a cataract in his right eye since birth.
His vision is light perception only in the right eye and 20/20 in the
left eye. His optometrist examined him in 2001 and certified, ``Because
Mr. Russell's condition has been present since birth, there is no risks
of further changes, and he is safe to perform the task of driving a
commercial vehicle.'' Mr. Russell reported that he has driven straight
trucks for 7 years, accumulating 218,400 miles. He holds a Class D
license from Kentucky. His driving record for the last 3 years shows no
accidents and no convictions for moving violations in a CMV.

31. Stephen G. Sniffin

Mr. Sniffin, 52, has amblyopia in his left eye. His best-corrected
visual acuity is 20/20 in the right eye and 20/400 in the left. His
ophthalmologist examined him in 2000 and noted, ``Patient has

[[Page 53830]]

sufficient vision to operate a commercial vehicle.'' Mr. Sniffin
submitted that he has driven straight trucks for 32 years, accumulating
1.3 million miles, and buses for 4 years, accumulating 40,000 miles. He
holds a Class A CDL, and his driving record shows he has had no
accidents or convictions for moving violations in a CMV in the last 3
years.

32. John R. Snyder

Mr. Snyder, 31, has amblyopia in his right eye. His best-corrected
vision is 20/80 in the right eye and 20/20 in the left. An
ophthalmologist examined him in 2000 and certified, ``It is my opinion
that Mr. John Snyder has sufficient vision to perform any driving task
required to operate a commercial vehicle.'' Mr. Snyder reported that he
has operated tractor-trailer combinations for 8 years and 560,000
miles, and straight trucks for 13 years and 65,000 miles. He holds a
Class A license from the State of Washington. His driving record for
the last 3 years shows he has had no accidents and one conviction for a
moving violation--Failure to Yield Right of Way to Emergency Vehicle--
in a CMV.

33. Darwin J. Thomas

Mr. Thomas, 52, has amblyopia in his left eye. His best-corrected
visual acuities are 20/25 in the right eye and 20/200 in the left.
Following an examination in 2001, his optometrist certified, ``In my
medical opinion, Mr. Thomas has sufficient vision to continue to drive
his commercial vehicle.'' Mr. Thomas submitted that he has 17 years'
and 2.0 million miles' experience operating tractor-trailer
combinations, and 2 years' and 12,000 miles' experience operating
straight trucks. He holds a Class A CDL from Pennsylvania, and his
driving record shows he has had no accidents or convictions for moving
violations in a CMV for the last 3 years.

34. Rene R. Trachsel

Mr. Trachsel, 43, has had a macular scar in his left eye since
January 1994. The vision in his right eye is 20/20 and in the left eye,
20/200. Following an examination in 2001, his ophthalmologist
certified, ``In my opinion, his vision is adequate to perform all tasks
required to operate a commercial vehicle, as for practical purposes his
central vision is 20/20 by a virtue of the central vision in the right
eye, and his peripheral vision is entirely unaffected.'' In his
application, Mr. Trachsel stated he has driven tractor-trailer
combinations for 15 years, accumulating 122,850 miles. He holds an
Oregon Class A CDL. His official driving record for the last 3 years
shows no accidents or convictions for moving violations in a CMV.

35. Stephen D. Vice

Mr. Vice, 46, has amblyopia in his right eye. His best-corrected
visual acuities are 20/70^-1 in the right eye and 20/20 in
the left. An optometrist examined him in 2001 and certified, ``In my
personal opinion, Mr. Vice's vision is adequate to operate a commercial
vehicle.'' Mr. Vice submitted that he has driven buses for 4 years,
accumulating 35,000 miles, and straight trucks for 2 years,
accumulating 20,000 miles. He holds a Class DB Operator/CDL from
Kentucky, and his driving record for the last 3 years shows he has had
no accidents or convictions for moving violations in a CMV.

36. John H. Voigts

Mr. Voigts, 49, has had a corneal opacity in his left eye since
birth. The corrected vision in his right eye is 20/20 and in the left
eye, light perception only. Following an examination in 2001, his
optometrist certified, ``I feel there is no reason why he cannot
continue to drive commercial because of his vision.'' According to his
application, Mr. Voigts has operated straight trucks for 30 years,
accumulating 2.2 million miles, and tractor-trailer combinations for 27
years, accumulating 2.7 million miles. He holds a Class A CDL from
Arizona. His official driving record for the last 3 years shows no
accidents or convictions for moving violations in a CMV.

37. Kendle F. Waggle, Jr.

Mr. Waggle, 38, has been aphakic in his right eye since birth. His
aided acuity is 20/150 with the right eye and 20/20 with the left eye.
An optometrist who examined him in 2001 stated, ``In my medical
opinion, since he has driven a commercial vehicle with this vision
condition for many years, I feel he has sufficient vision to perform
the driving tasks required to operate a commercial vehicle as he has in
the past.'' Mr. Waggle submitted that he has driven straight trucks and
tractor-trailer combinations for 15 years, accumulating 150,000 miles
in the former and 772,500 miles in the latter. He holds a Class A CDL
from Indiana, and his driving record for the last 3 years shows no
accidents or convictions for traffic violations in a CMV.

Request for Comments

In accordance with 49 U.S.C. 31315 and 31136(e), the FMCSA is
requesting public comment from all interested persons on the exemption
petitions and the matters discussed in this notice. All comments
received before the close of business on the closing date indicated
above will be considered and will be available for examination in the
docket room at the above address. Comments received after the closing
date will be filed in the docket and will be considered to the extent
practicable, but the FMCSA may publish in the Federal Register a notice
of final determination at any time after the close of the comment
period.

Issued on: October 19, 2001.
Brian M. McLaughlin,
Associate Administrator for Policy and Program Development.
[FR Doc. 01-26810 Filed 10-23-01; 8:45 am]
BILLING CODE 4910-EX-P